IN THE HON’BLE COURT OF DISTRICT JUDGE, TIS HAZARI

DISTRICT COURT, DELHI AT NEW DELHI

H.M.A SUIT NO …………..OF 2019

In the matter of:

Sh. Jatin Sachdeva Petitioner

VERSUS
Smt Mona Sachdeva Respondent
Police Station: Patel Nagar
District: Central
PETITION UNDER SECTION 13 1 (ia) OF THE HINDU MARRIAGE
ACT 1955 AS AMENDED UPTO DATE FOR DISSOLUTION OF
MARRIAGE BY A DECREE OF DIVORCE

MOST RESPECTFULLY SUBMITTED:

1. That the marriage between the parties was solemnized on 15-08-2004 as

per Hindu rites, rituals and customs at city banquet hall west Punjabi bagh,
New Delhi. Requisite affidavit in this regard are duly attested and filed
herewith.

2. That the status and place of residence of the parties of the marriage before
the marriage and at the time of filing the petition were as follows: -

Husband/ Petitioner Wife/ Respondent

Status/Age Place of Residence Status/Age Place of Residence

Before
Marriage Bachelor/ 23 yrs16/11, old Rajender Nagar Spinster/24 A-2/13, Rajori
Hindu New Delhi Hindu Garden, N.Delhi

At the time
Filing Married/38 yrs 26/951st Floor,West Patel Nagar Married/39 yrs 4/27 east,
Petition Hindu New Delhi Hindu Punjabi Bagh, N.Delhi
3. That after solemnization of marriage the petitioner and the respondent have
lived together as husband and wife at 16/11, Old Rajender Nagar, New
Delhi and the marriage of the parties was consummated at the said place.

4. That the parties to the marriage lastly resided together at 19/1 Top Floor,
West Patel Nagar, New Delhi and one male child was born out of this wed
lock, who was born on 19/08/2006 respectively.

5. That the petitioner is filing the present petition under section 13-1 (ia) of
H.M.A Act 1955 because the respondent has committed extreme acts of
cruelty against the petitioner and even the petitioner is deserted by the
respondent and it has resulted into extreme hardship and humiliation to the
life of the petitioner. The grounds of filing the present petition in as under:

A. That the marriage was an arranged marriage, celebrated in a simple

manner without any kind of gifts/ dowry articles.

B. That immediately after marriage the respondent started behaving as a

stranger with the petitioner and no comfort or appreciation was given
to the petitioner like any other newly married spouse by the respondent.

C. That the petitioner and the respondent went for a honeymoon to Manali
on 15/09/04 and on 25/09/04 the respondent told the petitioner that she
was expecting for vacations in a foreign country and was very
disappointed being the petitioner a person of limited means.

D. That the petitioner and the respondent returned back on 25/09/04 and
thereafter both the parties resumed their respective offices.
E. That since after the marriage there was a lot of interference of the
parents of the respondent in the family life of the petitioner, the
respondent started asking the petitioner to live an independent life.

F. That it was on 27/09/04 the respondent told the petitioner that she is
more inclined to live in a nuclear family and an independent life, The
 respondent asked the petitioner to make his parents to shift to some
other place so that they may enjoy the privilege of complete
independence, the petitioner was shocked with the behavior of the
respondent.

G. That on 29/09/04 the petitioner took the respondent to her parental

home and while some conversation was going on, the respondent
humiliated the petitioner by stating that the petitioner is not even
earning properly and that the respondent was deceived by the petitioner
and his family members by projecting their false rich image, whereas
the petitioner and his parents have always revealed the truth about their
social status and financial stability.

H. That the respondent started mentally harassing the petitioner by kept on

taking to her parents/ friends/ relatives till 01:00 AM and whenever the
petitioner objected the respondent used to state that she is an
independent women and will act only to her desires.

I. That the life of the petitioner was becoming a living hell but the
petitioner kept on accommodating the respondent only on account of
an expectation to live a peaceful life.

J. That on 02nd October 2004 the respondent reached back home late in
the night, and when the petitioner asked the reason, the respondent
instead of giving any reply threw the glass on the face of the petitioner
and asked the petitioner not to ever question her. On the same night the
respondent called her mother, brother, Father to her matrimonial home
and they all reached the matrimonial home. Brother of the respondent
namely was completely drunk and they all abused the petitioner and
asked the parents of the petitioner to move out of their own home. The
neighbors of the petitioner were called as the situation turned ugly and
it was only thereafter the relatives of the respondent left the
matrimonial home.
K. That on 5th October 2004 while the petitioner was about to sleep, the
respondent asked the petitioner to sleep with his mother as he is not
having guts to live an independent life.

L. That since thereafter the respondent made a regular habit of visiting her
parental home without intimating the petitioner. The respondent was
not performing her duties as a wife and was consistently harassing the
petitioner.

M. That on 15th October 2004, the respondent asked the parents of the
petitioner to transfer the ownership of the residential premises in her
name if they want to live peacefully and threatened them that she will
implicate them in a false criminal case if they will not obey to her terms.

N. That in November 2004, the respondent conceived but the respondent

didn’t bothered to take any precaution, thus the petitioner and his
parents kept on requesting the respondent not to act in any manner
contrary to the advise of doctors but the respondent didn’t cared for the
advise of any one only to torture the petitioner and lastly the pregnancy
of the respondent was terminated on 22nd November 2004. The
petitioner was treated with outmost cruelty by the respondent.

O. That on 27th November 2004, the parents of the respondent came to her
matrimonial home and started abusing the parents of the petitioner and
started asking for a separate accommodation for her daughter. The
petitioner asked his in-laws to move out and they started shouting and
falsely alleging before the neighbors that the petitioner and his parents
had got the pregnancy terminated. The petitioner was humiliated in all
possible manners and the respondent also supported her parents.

P. That on 02nd December 2004, the mother of the petitioner prepared the
dinner for the entire family but the respondent threw the entire dinner
in the garbage box and when the petitioner mother asked the
respondent, instead of any reply the respondent threw a plate on the
face of the mother of the petitioner.
Q. That on 28th December 2004 the respondent left her matrimonial home
late in the night and sent a SMS to the petitioner that she is moving out
of the relationship, the petitioner was under utmost stress during that
span of time.

R. That on 29th December 2004, the petitioner was threatened by the

respondent that the petitioner should ask for his share in the property
and after the petitioner refused to reply, the respondent along with his
brother and parents came in the evening and started abusing the
petitioner and his parents, after the petitioner threatened to call Police,
they all left the matrimonial home along with respondent.

S. That on 20th January 2005, the respondent again came back out of her
own will and started living in her matrimonial home, however the
respondent behavior was offensive in all quarters and the respondent
on the very same day told the petitioner that she will make the petitioner
to beg for his life.

T. That the petitioner made all efforts to reconcile his relationship.

U. That on 13th February 2005, the parents of the respondent came to the
matrimonial home and started arguing with the petitioner. When the
petitioner was leaving his own house to avoid the problems, the parents
of the respondent started shouting and abusing the petitioner using
filthy language. The petitioner and his family members were insulted
in the general public and the respondent also supported her parents.

V. That since thereafter the respondent on and often used to live in her
matrimonial home. On 09/03/05 there was a function in the matrimonial
family of the petitioner and the respondent along with her parents came
there and to socially handicap the petitioner abused him in front of all
relatives.
W. That on 26th May 2005, the respondent came back to her matrimonial home
after taking off her Chura witch otherwise as per the customs was to be
removed by her mother in law, the petitioner objected to the act of the
respondent and respondent immediately called her brother and mother to
her matrimonial home. The brother and mother of the respondent reached
the matrimonial home and started abusing the petitioner and his parents.
The petitioner objected to the acts of the brother of the respondent and the
brother of the respondent started hitting the petitioner, the mother of the
petitioner while was trying to save his son, the respondent and her mother
badly hit the head of her mother in law with a Vass and the mother of the
petitioner started bleeding. The brother and mother along with of the
respondent immediately left the matrimonial home after threatening the
petitioner and his family members that they will kill all of them.

X. That on 14th June 2005, the respondent again came back to the
matrimonial home and when the parents of the petitioners objected, the
respondent called the Police and under coercion the respondent was
allowed to move inside the matrimonial home.

Y. That the respondent started again abusing and humiliating the parents
of the petitioner, the respondent used to come late in the night and
without any control she was leading an independent life after
terrorizing the petitioner and his parents, the petitioner for the sake of
safety of his parents took the premises No. 19/1 Top Floor West Patel
Nagar, New Delhi on rent and shifted on July 2005 with the entire bag
and baggage.
Z. That the petitioner was expecting to live a peaceful life, but the
respondent kept on harassing the petitioner. The respondent never
provided daily meals to the petitioner whereas on the contrary the
respondent used to spend her entire evening with her parents who used
to come at least twice in a week and other wise the respondent was
always communicating with her parents/ relatives till late in the night.
When ever the petitioner opposed, the respondent and his family
members threatened the petitioner that they will kill him.
AA. That on 11th August 2005, the respondent on one such query hit
the petitioner with a rod and very strangely the brother of the
respondent reached the premises and also slapped the petitioner.

BB. That the petitioner was nothing more than a servant in his own
home and was forced to act as per the desires of the respondent. The
petitioner was no much harassed mentally, that the petitioner became a
patient of hyper tension. The respondent was six months pregnant and
had threatened the petitioner that she will kill the baby and will
implicate the petitioner in a false case.
CC. That the petitioner started receiving threatening calls and on 09th
June 2006 when the petitioner reached back home, the petitioner was
shocked to find that his brother in law was having drinks with some
local goons and they all threatened the petitioner only to obey the
instructions of his wife, the same incident got repeated on 15th June
2006.
DD. That on 05th July 2006 at about 08:00 AM in the morning the
respondent started throwing the belongings of the petitioner out of the
home only to instigate the petitioner, the petitioner despite being feeling
insulted left the home for his office and it was around 1:00 PM the
respondent contacted the petitioner and told him that she will go to her
matrimonial home at Kirti Nagar along with her parents and local goons
and will teach them a lesson.
EE. That on 18th August 2006, the respondent was admitted in St.
Stephen’s hospital on account of labor pains and after the petitioner was
intimated, the petitioner reached the St.Stephen’s Hospital. On 19th
August 2006 a Male boy was born out of this wed lock and initially the
parent of the respondent didn’t let the petitioner meet his son and after
the petitioner started shouting, the respondent also intimated through a
doctor to the petitioner that she do not want to meet him until she will
be given a share in the matrimonial home. The petitioner lastly left the
hospital all in pain and tears.

FF.That the petitioner was undergoing all mental stress and on 19th August
2006, the brother of the respondent along with a couple of other persons
visited the residence of the petitioner and told the petitioner “Pagal
 humari baat samaj mein nahi aati ki tere ko apne Maa Baap se pyar nahi
hai, agar humari baat nahi mani to hum tere Maa Baap ke paas chale
jayenge, Ek baar pehle sar phoda tha ab sabki bari hai.” The respondent
thereafter left the office and the petitioner immediately initiated about
the incident to his father.

GG. That the petitioner told the entire episode to his parents but the
parents of the petitioner suggested the petitioner to live in his house
assuring him that one day the respondent will understand their faults
and will give respect to the petitioner. Thereafter the parents of the
petitioner return the respondent along with the child in the house.
HH. That after the birth of the child on dated 6th September 2008
both parties left for USA for Vacations. There the respondent wore
all kinds of dresses and clothes as per her wish. The petitioner,
although not comfortable, did not object to it as he felt that some
space and freedom should be given to spouse in this regard. The
respondent showed her extravagant ways in the USA and
pressurized the petitioner to buy gifts for her, including gold,
despite of her knowledge that the petitioner was carrying limited
currency for that purpose. This puts immense pressure on
petitioner’s psyche as he instinctively feels obligated to fulfill her
wishes. But her demands kept on crossing the line of
reasonableness and put him under financial constraint.
II. That on night of 7th September 2008 she fought with petitioner on
the issue that the petitioner should take her out to some club/bar
to celebrate day. The petitioner tried to convince her to go out for
dinner only and avoid any bar or pub as he had had the experience
of her drunken behavior earlier. The respondent did not give heed
to his views and abused and humiliated the petitioner and taunted
him for being miser and narrow-minded person who does not have
the capacity to fulfill the wishes of his wife. Faced with such kind
of accusations and pressure petitioner took her to a restaurant for
dinner and also ordered drinks/alcohol for her and on dated 4th
 October 2008 the petitioner and the respondent along with his
children reached back in Delhi after spending one month in USA.
JJ. That since 2009 to 2014 after passage of the time there was a lot of
interference of the parents of the respondent in the family life of the
petitioner; the respondent started asking the petitioner to live an
independent life.
KK. That again on 3rd January 2015, the Parents of petitioner was
threatened by the respondent that the petitioner should ask for his share
in the property and after the petitioner refused to reply, the respondent
along with his brother and parents came in the evening and started
abusing the petitioner and his parents, after the petitioner threatened to
call Police, they all left the matrimonial home along with respondent.
(Copy of the complaint dated 03/01/15 made to Police Station Patel
Nagar is annexed herewith as annexure P-1.)
LL. That again on 21th May 2016, the respondent asked the parents
of the petitioner to transfer the ownership of the residential premises in
her name if they want to live peacefully and threatened them that she
will implicate them in a false criminal case if they will not obey to her
terms. (Copy of the complaint dated 21/05/16 made to Police Station
Patel Nagar is annexed herewith as annexure P-2.)
MM. That the petitioner being frustrated from all quarters and as no
action was taken by Police stating it to be a family dispute, started
avoiding going back to home. As the petitioner preferred to live a
peaceful life, the respondent and her mother started threatening the
parents of the petitioner.
NN. That in last two and half years the family of the petitioner
even made various efforts to reconcile the matrimonial life of the
petitioner and the respondent but all the efforts failed as the respondent
is not ready to cohabit with the petitioner.
OO. That since thereafter the respondent made a regular habit of
visiting her parental home without intimating the petitioner. The
respondent was not performing her duties as a wife and was
consistently harassing the petitioner.
PP.That on dated 8 th August 2019 the respondent left her matrimonial
house without intimating the petitioner. The respondent was not
 performing her duties as a wife and was consistently harassing the
petitioner.

6. That the petitioner instead in any manner has been accessory to or connived
at or condoned the acts of the respondent.

7. That the petitioner has also not condoned the acts of the cruelty complained
here above.

8. That there has not been any unnecessary or improper delay in filing the
present petition.

9. That there is no legal ground why the relief should not be granted.

10. That the petition is not in collusion between the parties.

11. That there is no other previous proceedings pending/decided in any

Hon’ble Court with regard to the marriage or any other dispute on behalf
of the parties.

12. That the marriage was solemnized at Punjabi Bagh New Delhi on 15/08/04.
The petitioner and the respondent lastly lived together as husband and wife
at premises No. 19/1, Top floor backside, West Patel Nagar, New Delhi
and hence this Hon’ble Court have got territorial jurisdiction to try this
present suit.

Prayer: -

It is therefore most respectfully prayed that under these circumstances this

Hon’ble Court may be pleased to dissolve the marriage between the parties to
this suit and pass a decree of divorce accordingly.

Any other relief, order or direction which this Hon’ble Court may deem fit and
proper under the facts and circumstances of the case may also be passed in the
interest of justice.
New Delhi
Dated: Petitioner
Through

NARESH KAUSHIK & ASSOCIATES

Advocates
Chamber No. 241, Patiala House Court , New Delhi
E Mail: [email protected] ,
Enrolment No.D/3085/2014
Mobile No. 9999111416

VERIFICATION:

The above named petitioners states on solemn affirmation that para 1 to 10

and all sub para A to pp Of Para No. 5 of the petition are true and correct to
the best of the petitioner’s information and belief and para 11 and 12 are true
and correct to the legal knowledge derived and last para is humble prayer
before this Hon’ble Court.

Verified at Delhi on this ____ day of August, 2019

Petitioner